Tenth Circuit: United States v. Driscoll

When determining the timeliness of a Habeas petition, the critical element is the right asserted; the question of whether an ambiguous conviction is or is not contradicted by the new rule is a matter for merits consideration.

As the petitioner was convicted under a statute broader than the generic offense, it is more likely than not that they were convicted under the unconstitutional residual clause, justifying the granting of the writ.

On merits, granted as not harmless error.

https://www.ca10.uscourts.gov/opinions/16/16-8118.pdf